Vineet Kothari, J. - (1.) BOTH the learned counsel for the parties have advanced arguments and have also relied upon following judgments of Hon'ble the Supreme Court and this Court in support of their rival contentions.
(2.) MR . L.R. Mehta, learned counsel for the appellants/plaintiffs submitted that since initial sale dated 25.07.1975 was void -ab -initio, there was actually no need to file any suit, and the suit even if so filed by the plaintiffs, the same could not be held to be barred by limitation and he relied upon the following judgments: - 1. Amrendra Pratap Singh Vs. Tej Bahadur Prajapati & Ors., reported in : (2004) 10 SCC 65 (Para 14) 2. Lincai Gamango & Ors. Vs. Dayanidhi Jena & Ors. reported in : (2004) 7 SCC 437. State of Rajasthan Vs. Uka & Ors., reported in : 2010 (4) WLC (Raj.) 154. 3.STATE of West Bengal & Anr. Vs. Kesoram Industries Ltd. & Ors. reported in : AIR 2005 SC 1646. 4.PREM Singh & Ors. Vs. Birbal & Ors. reported in : (2006) 5 SC 353
(3.) On the other hand Mr. O.P. Mehta, learned counsel appearing on behalf of respondents/defendants submitted that even sales protected by Section 42 of the Act have to be challenged, subject to the law of limitation and he relied upon following judgments: - 1. Ram Karan (Dead) through LR's & Ors. Vs. State of Rajasthan & Ors. reported in, 2014 (2) WLC (SC) Civil 369. 2. Nathu Ram (Dead) By LR's & Ors. Vs. State of Rajasthan & Ors. reported in, 2006 (1) RRT 383 (SC). 3. Babu Singh Vs. State of Rajasthan & Ors. reported in : AIR 2002 Raj. 92 (D.B.) 4. State of Punjab & Ors. Vs. Gurdev Singh, Ashok Kumar reported in : AIR 1991 SC 219 5. Abdul Rahim & Ors. Vs. S.K. Abdul & Ors. reported in : AIR 2010 SC 211. Prem Singh & Ors. Vs. Birbal & Ors. reported in : 2006 AIR SCW 3595. 6.HAMIDA Begum Vs. Umran Bib & Ors. reported in, AIR 2005 (NOC) 2423 (Cal.) 7.HANJA Ram & Ors. Vs. State of Rajasthan & Ors. reported in, RRD 2007 187 Santosh Kumar Shivgonda Patil & Ors. Vs. Balasaheb Tukaram Shevale & Ors. reported in : 2009 AIR SCW 6305. 8.ANANDI Lal Vs. State of Rajasthan & Ors. reported in : AIR 1996 Raj. 154 9.KHATRI Hotels Pvt. Ltd. & Anr. Vs. Union of India & Anr. reported in : 2011 AIR SCW 5052. Smt. Dayawati & Ors. Vs. Madan Lal Varma & Ors. reported in : AIR 2003 Allahabad 276. 10.BOGIDHOLA Tea & Trading Co. Ltd. & Anr. Vs. Hira Lal Somani, reported in : 2008 (3) CCC 548 (SC) 11.KAMLESH Babu & Ors. Vs. Lajpat Rai Sharma & Ors. reported in : AIR 2008 SC (Supp) 1931. Gannmani Anasuya & Ors. Vs. Parvatini Amarendra Chowdhary & Ors. reported in : AIR 2007 SC 2380. 12.MAHBOOB Pasha Vs. Syed Zaheeruddin & Ors. reported in : AIR 1988 Karnataka 83. CAMBRIDGE Trust of India, Tatisilwai Vs. State of Jharkhand & Ors. reported in : AIR 2002 Jharkhand 99. The State of Maharashtra Vs. M/s. Sadiq & Company, reported in : 1993 (1) CCC (Bom.) 529. 13.RAJ Kumari Devi & Ors. Vs. Mundrika Devi & Ors. reported in : AIR 2009 (NOC) 2941 (Pat.). ;